Article 35A of Indian Constitution: The Story of Snatching the legality from Kashmir legislature by World’s Largest So-called Democracy

India called himself the world largest so-called democracy but this country used the information blackout and the longest curfew of human history to hide its autocratic political system. The recent example of its democratic violation is the article of 35A of Indian constitution.

What is Article 35A of Indian Constitution?

In 1954, the President of India, Rajendra Prasad issued the article 35A under the Article 370 of Indian constitution to make the constitution democratic and federal political system. Article 35A allows the Jammu and Kashmir legislative assembly to define permanent residents of the state. 35A was issued on the advice of the Nehru-led Union Federal Government.

Under this article no outsider was allowed to buy or own property or have a state job in Jammu and Kashmir which was defined by the Federal government as a part of federal law to protect the rights of local or state residents. The outsiders who have lived for more than 10 years and have relationships with Kashmir’s was allowed to have resident status in Jammu Kashmir and could own property or even could hold state job.

The Exact Text of Article 35A of Indian Constitution:

After article 35, The following new article shall be added, namely….

“35A. Saving of laws with respect to permanent residents and their rights, —

Notwithstanding anything contained in this Constitution, no existing law in force in the State of Jammu and Kashmir, and no law hereafter enacted by the Legislature of the State,—

A) Defining the classes of persons who are, or shall be, permanent residents of the State of Jammu & Kashmir; or

B) Conferring on such permanent residents any special rights and privileges or imposing upon other persons any restrictions as respects

  1. Employment under the State Government
  2. Acquisition of immovable property in the State
  3. Settlement in the State; or
  4. Right to scholarships and such other forms of aid as the State Government may provide, shall be void on the ground that it is inconsistent with or takes away or abridges any rights conferred on the other citizens of India by any provision of this Part.”

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